Criminal Law

d) Elaborate what offence has been committed by Constable Tumpor? The parties are Constable Tumpor is the accused and Seksi is the victim. The issue is whether Constable Tumpor may be held liable for extortion as defined under parting 383 of penal order and punishable under segmentation 384 for threat to throw up efficacious power against Seksi who had committed an offence unless a conjugation of money paid. Section 382 defined that whoever intentionally inducts each soulfulness in fear of all injury to that person or to every other, and thereby dishonestly induces the person so pull in fear to deliver to any person any property or valuable security or anything signed or sealed which may be converted into a valuable security, commit extortion. Under illustration (a) to section 383 retire that A threatens to publish a defamatory libel concerning Z, unless Z gives him money. He does induce to give him money. A has committed extortion. To undercoat extortion, ther e are elements that need to be fulfill. Firstly, the victim was feed in fear of injury to himself or to someone else. The detect injury defines under Section 44 of Penal label as any harm whatever il sub judicely caused to any person, in body, mind, re chargeation or property. Under Section 43 of Penal Code the word illegal is applicable to everything which is an offence, or which is prohibited by law, or which furnishes ground for a human action. To apply, when Constable Tumpor threatened to take action against Seksi unless Seksi gave him RM10, 000 to keep his mouth shut he is consider to be successfully put in fear of injury to Seksi within the scope of Section 44 and Section 43 of Penal Code. Besides, when the accused in this case was threaten to use or exercise legal powers against Seksi who had committed an offence, unless a sum of money paid, constitute injury. This is by virtue of PP v Kang Siew Chong (1968) where the court held that the threat is this case put one over with the object of exacting payment of ! money that is not due, it is an loathsomeness of...If you want to get a full essay, order it on our website: BestEssayCheap.com

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